Common use of Names and Intellectual Property Clause in Contracts

Names and Intellectual Property. (a) Within five (5) years prior to the Closing Date, no Borrower has conducted business under or used any other name (whether corporate or assumed) except for the names shown on Schedule "4.13 (a) attached hereto and made part hereof. Each Borrower is the sole owner of all names shown on such Schedule "4.13 (a) and any and all business done and all invoices issued in such trade names are such Borrower's sales, business and invoices. Each trade name of each Borrower represents a division or trading style of such Borrower and not a separate Subsidiary or Affiliate or independent entity. (b) All trademarks, service marks, patents or copyrights which each Borrower uses, plans to use or has a right to use are shown on Schedule "4.13 (b) attached hereto and made part hereof and such Borrower is the sole owner of such Property except to the extent any other Person has claims or rights in such Property, as such claims and rights are shown on Schedule "4.13(b)." Borrower is not in violation of any rights of any other Person with respect to such Property. (c) Except as shown on Schedule "4.13

Names and Intellectual Property. (a) a. Within five (5) years prior to the Closing Date, no Borrower has not conducted business under or used any other name (whether corporate or assumed) except for the names shown on Schedule "4.13 (a) “5.10(a)” attached hereto and made part hereof. Each Borrower is the sole owner of all names shown listed on such Schedule "4.13 (a) “5.10(a)” and any and all business done and all invoices issued in such trade names are such Borrower's ’s sales, business and invoices. Each trade name of each Borrower represents a division or trading style of such Borrower and not a separate Subsidiary or Affiliate or independent entity. (b) All b. As of the Closing Date, all trademarks, service marks, patents or copyrights which each Borrower uses, plans to use or has a right to use are shown on Schedule "4.13 (b) “5.10(b)” attached hereto and made part hereof and such Borrower is the sole owner of such Property except to the extent any other Person has claims or rights in such Property, as such claims and rights are shown on Schedule "4.13(b“5.10(b)." ”. Borrower is not in violation of any rights of any other Person with respect to such Property. (c) Except as shown on Schedule "4.13